Elson

This matter primarily concerns the relationship between sections 815.6 and 818.4 of the Government Code.

The former provides: “Where a public entity is under a mandatory duty imposed by an enactment that is designed to protect against the risk of a particular kind of injury, the public entity is liable for an injury of that kind proximately caused by its failure to discharge the duty unless the public entity establishes that it exercised reasonable diligence to discharge the duty.”

The latter states: “A public entity is not liable for an injury caused by the issuance, denial, suspension or revocation of, or by the failure or refusal to issue, deny, suspend or revoke, any permit, license, certificate, approval, order, or similar authorization where the public entity or an employee of the public entity is authorized by enactment to determine whether or not such authorization should be issued, denied, suspended or revoked.”

The issue is posed here on account of the following facts alleged in an ,amended complaint. Appellant Joseph Elson recovered a judgment for personal injuries sustained when struck by a passenger stage operated by the Blue and White Bus Company of…